Govt moves resolution abrogating Article 370 from J&K in Rajya Sabha

Earlier, the Union Cabinet, headed by Prime Minister Narendra Modi, had an hour-long meeting, where the top leadership is believed to have discussed issues concerning Jammu and Kashmir.

Union Home Minister Amit Shah on Monday moved a resolution revoking Article 370 that grants special status to the state of Jammu and Kashmir in the Rajya Sabha, amid a din as Opposition members protested the move.

The government on Monday also moved a Bill proposing the bifurcation of the state of Jammu and Kashmir into two Union Territories -- the Jammu and Kashmir division and Ladakh.

Home Minister Shah introduced the Jammu and Kashmir Reorganisation Bill.

Making the announcement in the Rajya Sabha, Shah said that the UT in Ladakh would have no legislature, like Chandigarh, while the other UT of Jammu and Kashmir would have a legislature, like Delhi and Puducherry.

There was an uproar in the Rajya Sabha after the resolution was moved by the Home Minister.

Reactions poured in immediately, with former J&K chief minister Mehbooba Mufti calling it "the darkest day in Indian democracy".

Mufti tweeted that the "unilateral decision" of the Government of India to scrap Article 370 was "illegal and unconstitutional", which would "make India an occupational force in J&K".

Earlier, the Union Cabinet, headed by Prime Minister Narendra Modi, had an hour-long meeting, where the top leadership is believed to have discussed issues concerning Jammu and Kashmir.

Business Standard

Jammu & Kashmir special status: Decoding Article 35A and Article 370

While popular notion is that Article 35A and Article 370 give J&K a special state status, the Centre has similar arrangements with several others. We explain the two statutes to demystify the issue.

With speculation rife that the Bharatiya Janata Party (BJP) -led central government could abolish or try to amend Article 35A and article 370, which give a special status to Jammu & Kashmir, there is a lot of confusion as to what these two statutes entail. Political parties on either side of the debate have voiced their opinion, with some calling tinkering with Article 35A “like setting powder keg on fire”, while others have supported the idea calling it a move to unify of the country.

What is Article 35A?

This provision of the Constitution allows the Jammu & Kashmir state Assembly to define who is and is not a “permanent resident” of the state. To further break it down, this provision of the Constitution gives the legislators from Jammu & Kashmir the exclusive power to determine as to which people in or outside the state will have special rights and privileges granted by the state.

The provision, inserted through a special Presidential order in 1954, also gives the state Assembly powers to determine the recipients of state grants, the right to purchase land and property in the state, as well as settling permanently in the region. Other than this, the legislative Assembly of Jammu & Kashmir can use the provision to restrict rights of any person not classified under “permanent resident” of the state.

Can Article 35A be amended or repealed?

The repealing of Article 35A could be a legal uphill task for the central government, experts said. For any changes to be made to the provision, the constituent Assembly of the state has to consent to it. The constituent Assembly of the state, however, ceased to exist in 1957. This, constitutional expert Shubhankar Dam said, made seeking nod from the Assembly impossible.

“One has to understand where this provision derives its powers from. When it was introduced in 1957, the state constituent Assembly raised the demand, which was then inserted on the recommendation of the President.

The clause was introduced due to compromises which the Union had to make at that time. The time and context have to be understood,” said Dam.

Other experts, however, disagree and say that since there is a valid state legislative Assembly in the state, which also has constituent powers, any changes to Article 35A can be done by it.

Business Standard

Bharat Bandh against SC/ST Amendment Act, Sec 144 imposed in MP: Updates

The members, belonging to upper caste groups are protesting against Parliament passing an amendment to the SC/ST Act.

High alert has been issued in 35 districts across Madhya Pradesh in view of the ongoing Bharat Bandh against the Parliament passing an amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act that overruled Supreme Court's earlier order of diluting it. Apart from that, 34 companies of security forces and 5,000 security personnel have been deployed. Section 144 has also imposed in several districts across Madhya Pradesh, according to ANI reports.

Police told ANI, ”Forces have been divided judiciously across the districts. It has been peaceful till now. Nobody can force anyone to be a part of the bandh.”

Earlier, the members, belonging to upper caste groups, had forced the government to impose Section 144 in Satna, Bhind, Shivpuri, Gwalior, and other districts.

ALSO READ: Can't exclude creamy layer of SC/ST from quota in promotions: Govt to SC

The March 20 judgment

In a bid to check the misuse of the SC/ST Act, the Supreme Court had on March 20 ruled that preliminary enquiry in a case under the Atrocities Act would be done by a Deputy Superintendent of Police (DSP) to ensure the allegations are not frivolous, and to avoid the false implication of an innocent person.

The court also held that a government official could not be prosecuted on the mere allegation of committing an offence under the Act without the sanction of the appointing authority.

Here are the top developments of the ongoing protest:

1. Schools and petrol pumps will remain shut today in Gwalior and across districts.

2. Markets are now closed, protesters stop a train in Arrah in Bihar

3. Members taking part in the protest also stop a train in Darbhanga and Munger's Masudan, Bihar.

4. Protests spread to Varanasi as several members take part in the nationwide Bharat Bandh.

5. Protests spread across nation: Shops in Ajmer, Rajasthan shut down. Navghar, Maharashtra too hit.

Article Source BS